State v. Kromphold’s Empirical Analysis
2000
Citation profile
51
cited by 51 later decisions
1
states following
February 2019
most recently cited
2 federal appellate · 49 state decisions
Relationships
Relies on Bibby v. United States · Kelly v. Robinson · State v. Roth · State v. Yarbough · GE Solid State, Inc v. Director, Division of Taxation
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[In Yarbough ], we recognized that facts that established elements of a crime for which a defendant is being sentenced should not be considered as aggravating circumstances in determining that sentence. We reasoned that the Legislature had already considered the elements of an offense in the gradation of a crime. If we held otherwise, every offense arguably would implicate aggravating factors merely by its commission, thereby eroding the basis for the gradation of offenses and the distinction between elements and aggravating circumstances. In the same manner, double-counting of elements of the offenses as aggravating factors would be likely to interfere with the Code’s dedication to uniformity in sentencing. [ Kromphold, supra, 162 N.J. at 353 , 744 A.2d 640 (internal citation omitted).]”
3 later decisions quote this exact passage · from the majority“`should not occur regularly or routinely,'”
2 later decisions quote this exact passage · from the majority“killing of a child by fire can be considered could be considered an aggravating factor). Here, the trial judge found four aggravating factors: (1) the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); (2) the gravity and seriousness of the harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); (3) the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need to deter him and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge gave defendant's lack of any prior criminal history no weight,”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.